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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of eminent domain authority by certain |
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charitable corporations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Chapter 178 (S.B. 289), Acts of the |
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56th Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's |
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Texas Civil Statutes), is amended to read as follows: |
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Sec. 1. Except as provided by this section, and |
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notwithstanding any other law, any [Any] nonprofit corporation |
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incorporated under the laws of this state for purely charitable |
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purposes and which is directly affiliated or associated with a |
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medical center having a medical school recognized by the Council on |
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Medical Education and Hospitals of the American Medical Association |
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as an integral part of its establishment, and which has for a |
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purpose of its incorporation the provision or support of medical |
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facilities or services for the use and benefit of the public, and |
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which is situated in any county of this state having a population in |
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excess of six hundred thousand (600,000) inhabitants according to |
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the most recent Federal Census shall have the power of eminent |
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domain and condemnation for the purposes set forth in Section 2 and |
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Section 3 of this Act. A charitable corporation described by this |
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section may not exercise the power of eminent domain and |
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condemnation to acquire a detached, single-family residential |
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property or a multifamily residential property that contains eight |
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or fewer dwelling units. |
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SECTION 2. Section 1, Chapter 178 (S.B. 289), Acts of the |
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56th Legislature, Regular Session, 1959 (Article 3183b-1, Vernon's |
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Texas Civil Statutes), as amended by this Act, applies only to a |
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condemnation in which a condemnation petition is filed on or after |
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the effective date of this Act. A condemnation in which a |
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condemnation petition is filed before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |